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Home My WebLink About04-3393 ASAAD MOHAMED MOHMOUD ELWAN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 0'1- 3'3q3 Defendant CIva ACTION - LAW IN DIVORCE MISTY JANE DERK, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce are indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of the marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ASAAD MOHAMED MOHMOUD ELWAN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Defendant NO. 0 4 - :r "J <f :J c...:...:.L .:l....v..... CIVIL ACTION - LAW IN DIVORCE v. MISTY JANE DERK, COMPLAINT IN DIVORCE NOW COMES the Plaintiff, Asaad Mohamed Mohmoud Elwan, by and through himself, pro se, brings this Complaint in Divorce and in support thereof avers the following: 1. Plaintiff is Asaad Mohamed Mohmoud Elwan, who currently resides at 4421 Gettysburg Road, Apt. #9, Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant is Misty Jane Derk, who is currently residing and being detained at Snyder County Prison, 600 Old Colony Road, Selinsgrove, County of Snyder, Commonwealth of Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife and were lawfully married on October 31, 200 I, in Milton, County of Snyder, Commonwealth of Pennsylvania. 5. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and thatPlaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are without any children. COUNT I REQUEST FORA NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, ifboth parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FORA NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE II. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties 3 have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce, pursuant to Section 330 1 (d) of the Divorce Code, at the appropriate time. Respectfully submitted, Dated: /-/3 -Q If kl.,$dil/ ~h'1 Q/ej m~~-t(,~ IiT-l'Voft, J,.{aad Mohamed MohmoudElwan, Pro Se 4421 Gettysburg Road, Apt. #9 Camp Hill, PA l70Il (717) 574-9225 4 VERIFICATION I, Asaad Mohamed Mohmoud Elwan, verify that the statements made in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: ?~/3'0 J..f &"Cd ~1J...lf':t'c1lY7';'''''r.f/I J ~t.,4/~.v AsaadMohamed Mohmoud Elwan ~ n::. ~ 7' -D o ~ V'1 1::::: -b4- '-- --.D o v, c ~ ~ +:; (~) ,~, c:,.} I::') ~1. .- t;) o "-'-J , -r:' I ~i:S 1--- f,! 0;:::; . !(J_) (,) --n -,'-. r,) .; (..'1 (J~ . ASAAD MOHAMED MOHMOUD ELW AN; Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 03393 v. MISTY JANE DERK, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVlC]~ I, Misty Jane Derk, hereby accept service of the "Complaint in Divorce." I certify that I am the Defendant in the above-captioned matter and have hereby accepted service of this Complaint. Respectfully submitted, Dated: '" I '1. 2. \ 2.6u4- . By ('(V Misty Jantl Derk c/o Snyder Coun Prison 600 Old Colony Road Selinsgrove, P A 17870-8610 (570) 374-7912 ASAAD MOHAMED MOHMOUD ELWAN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 2004 - 03393 MISTY JANE DERK, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person and in the manner below indicated. Service By First Class U.S. Mail, Postage Prepaid, Addressed As Follows: Asaad Mohamed Mohmoud Elwan 4421 Gettysburg Road, Apt. #9 Camp Hill, Pennsylvania 17011 Respectfully submitted, Dated: 1l2.2- \ 2. oo,\- By \\\,,~ D.JAI.. Misty Jane Derk, Se c/o Snyd,er County Prison 600 Old Colony Road Selinsgrove, PA 17870-8610 (570) 374-7912 >-. g; .~ wQ Os. [fit go n- wo..: f!:!lU if ~ co <:;:) N if co C'V .....J ;;;; ...". <:::> ~ (: ~- -, C5:$ r..) ;:e (i;:; ~~(0 ,::E!;~, U,.Jf,J.j f:;} ~ ~ :::> o r. \. ASAAD MOHAMED MOHMOUD ELWAN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2004-03393 Defendant CIVIL ACTION - LAW IN DIVORCE MISTY JANE DERK, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330 I (c) ofthe Divorce Code was filed on July 13, 2004, and was served upon the Defendant on or about July 22, 2004 and the acceptance of service was filed on July 28, 2004.. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint on the Defendant 3. I consent to the entry of a final decree of divorce either after service of a "Notice of Intention to Request Entry of the Decree" or upon the filing of the "Waiver of tbe Notice of Intention to Request Entry of the Decree." 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and I do not request that the Court require my spouse and I to participate in counseling prior to the divorce becoming final. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. , . ('. . I verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated ~ \ - I \ - 0 'If fly d,,) t#" 11/~ ,#'/t'J ;;;, hIP. A/ Asaad Mohamed Mahmoud Elwan, Pro Se 44421 Gettysburg Road CampHill,PA 17011 (717) Dated: n- L2. -C)Y By (\\'^1~ 02J..}t Misty Jane k, Pro Se cia Hoger Crea Treatment Center 1409 Pennbroke Road Bethlehem, PA 18017 (610) 866-3442 2 ASAAD MOHAMED MOHMOUD ELWAN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2004 - 03393 Defendant CIVIL ACTION - LAW IN DIVORCE MISTY JANE DERK, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated , \ _ \ \ _ a ~ By /Jr~~ j 4.f~ W) H- ....,~~I Asaad Mohamed Mo moud Elwan, Pro Se 44421 Gettysburg Road Camp Hill, PA 17011 (717) Dated: I \ - \ ~ - Qel By mJv.Yl~ Df-A ~ Misty Jane De ,Pro Se clo Hoger Crea Treatment Center 1409 Pennbroke Road Bethlehem, PA 18017 (610) 866.3442 ASAAD MOHAMED MOHMOUD ELWAN,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004 - 03393 Defendant CIVIL ACTION - LAW IN DIVORCE MISTY JANE DERK, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record,togetherwith the following information, to the court for entry of a divorce decree: I. Grounds for divorce: Irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on July 22, 2004 and acceptance of such service was filed with this Court on July 28, 2004. 3. Date of execution of the affidavit of consent required by Section 330 I (c) of the Divorce Code was made by the Plaintiff on November 11,2004 and by the Defendant on November 12,2004. 4. No related claims are pending. Respectfully submitted, DATED 1 \ - r ~ - t!!1 1(> f.} f.'p(U( ~Rd 41101 ~~....., y Asaad Mohamed Mahmoud Elwan, Pro Se 4421 Gettysburg Road Camp Hill, PA l701l ,..,'f :+.:+.:+:+ . . . . . . . . . :+. :+. :+. :+.:+. + .. . :+.+ :+.:+. :+. :+.:+.:+::+.:+.:+.:+.:+. '!;:+. +:+.:+.+:+.:+.:+.:+. . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . PENNA. STATE OF . . . . ASAAD MOHAMRD MOHMnIID RTWAN No. 0<1 3J~3 Cipil T91:m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plaifltiff VERSUS MISTY JANE DERK Defendant DECREE IN DIVORCE N.ovc-~bc..Y' 2.'-{ ,2COt..(, IT IS ORDERED AND AND NOW, DECREED THAT ARnnn MhhnmFrl Mhhmnlln F.lw~n , PLAINTIFF, . . . . . . . . . . . . . . . AND Misty Jane Derk . DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . . . . . . . BY THE COURT: J. . . . . . -~~ :+. . PROTHONOTARY . . AnJ/l/. . . . . . . . . . . . . . . . . :+':+:+':+.:+' :+. . :+.:+. :+.:+.'+' :+.'1'++ :+.++:+.+:+.+:+.+ :+:+.:+.:+.:+. ;+::+. :+. :+. :+. :+.+:+.;+::+.:+.:+. :+.+:+.:+.:+.:+:+. :+. :+. :+. :+.:+. :+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ~ '7 ~7>4fo/lL, /JCJ QI: 1/ ~~r/%~ 4&) -~ IJ(}'Q[.;/